论虚假广告代言人责任制度的构建

我国现行法律在虚假广告代言人责任制度上存在缺失,造成明星代言广告的失范,并带来一系列的弊端。有必要构建虚假广告代言人责任制度。建议修改现行广告法,明确虚假广告代言人的法律责任,同时颁布相关司法解释,明确代言虚假广告的责任构成和责任范围,另外颁布相关行政法规,加强对明星代言广告的行政监管。     

虚假广告代言人法律责任探究

我国现行法律中仅有《食品安全法》对虚假广告代言人的法律责任做了规定,但其适用范围有限。在虚假广告代言人责任制度上的立法滞后及处罚不力,是导致名人虚假广告泛滥的重要原因之一。因此,有必要借鉴国外的有益经验,及时修改和完善我国相关法律制度,明确虚假广告代言人的民事责任和刑事责任,加大对虚假广告代言人的处罚力度,从而更好地维护社会信用、竞争秩序和消费者的合法权益。     

明星代言虚假广告行为的法律规制探讨

我国现行法律在虚假广告代言人责任制度上存在缺失,造成对明星代言虚假广告行为缺乏有效的法律规制.因此,有必要在立法上修改现行广告法,明确虚假广告代言人的法律责任,在司法上颁布相关司法解释,明确代言虚假广告人的注意义务,在执法上加强对明星代言广告的审查和监督,从而更好地保障消费者权益.     

论虚假广告的危害及其防治

笔者通过对电视虚假广告相关的6个主体进行成本收益分析,揭示出虚假广告的危害及其难治的根源,并基于提高违法者违法成本的思路,提出了防治虚假广告的战略对策。     

广告规范

北京对虚假劳务广告将严查，药监局严打与防治禽流感相关虚假广告，北京户外广告和牌匾标识设置专业规划，医疗服务类广告中违法的最多     

虚假广告代言人的民事责任

随着社会的发展，广告已经成为人们生活的一部分，并且虚假广告对人们人身和财产的损坏越发严重。虚假广告的代言人在广告中扮演了重要的角色，但我国现行法律在追究其法律责任的制度上却缺乏相关规定。本文分析了虚假广告代言人需要承担民事责任的必要性，为完善现行法律提出建议，以明确虚假广告单眼人的相应法律责任。     

浅析名人代言虚假广告的法律责任

现阶段我国对名人代言虚假广告是否承担法律责任尚无明文规定,使对该类问题的追究处于空白状态.本文以体育明星代言虚假广告这一事实为例,时相关法律问题进行探究,认为名人代言虚假广告应承担相应的侵权责任.     

虚假广告的认定和处理——T传播公司代理发布虚假广告案中若干问题探讨

虚假广告作为一种违法广告,其危害性已经日益为人们所认知。那么该如何正确地认定虚假广告,把它扼制于发布前的萌芽状态,这是长期以来人们一直在努力研究的问题。本文笔者谨从一名管理者的角度,采撷一则发生在我们身边普通虚假广告认定和处理过程中发生的问题作一些粗浅的探讨,希望对广告经营者、广告发布者、管理者能有所帮助,以最终有利于整个广告市场的规范和发展。认定虚假广告的几种方式虚假广告的本质是内容虚假,据此,从目前市场上虚假广告的表现形式来看,笔者认为可以从以下几个方面划分和认定虚假广告:1涉及数据、资格、荣誉的,是否有相关的证据证明:2渲染商品或服务的性能、质量、价格等要素是否符合实际情况:3广告主的主体资格是否虚假:4是否不科学地使用绝对化用语:5承诺是否兑现:6.其他情况。案例分析     

对虚假广告之法律缺失的若干思考

当前虚假广告泛滥的一个重要原因是相关法律的缺失，而如何完善治理虚假广告的法律体系是值得关注的课题，文章就此进行相关交流与探讨，以期为虚假广告的有效整治提供一些有益的参考。     

虚假广告与消费者权益保护的思考

虚假广告在现实生活中表现形式复杂,尤以歧义性广告和夸大其词广告居多。虚假广告在社会上造成的最直接的危害就是侵害了广大消费者的安全权、知情权和公平交易权。因此,为了促进广告业的发展,稳定市场秩序,应从修改法律的角度加大行政处罚和民事赔偿的力度,增加虚假广告的违法成本;执法部门应加大监督和执法的力度,让虚假广告行为无处藏身;监管部门和社会相关组织应加大宣传教育力度,引导消费者健康消费。     

Positive Mood and Susceptibility to False Advertising

This paper examines the impact of mood on consumers' implicit and explicit responses to false advertising. In our first experiment, we find that those consumers in a positive (versus a negative or neutral) mood state are more likely to notice the false information in the advertising, but paradoxically, are also likely to develop positive feelings toward the brand. In that experiment, we used both a hedonic brand (Disney) and a hedonic/emotional ad (autobiographical). In our second experiment, we extend the ad stimulus context beyond Disney to Wendy's to more readily facilitate autobiographical versus informational manipulations. We find that, indeed, the hedonic advertising execution (autobiographical vis-à-vis informational) is associated with more elaborate processing (but only for those in a positive mood). The observed positive affect transfer continued, however, despite the greater detection of the false information in the positive mood condition. We propose that the negative feelings toward the ad associated with detecting the false information are momentary and are replaced by positive feelings toward the brand that are engendered by positive mood and the advertising, as suggested by the synapse model of memory. Our third experiment varies the timing of our measures to investigate this proposition and finds that timing does matter. We conclude with a discussion of the implications of the findings for research on mood, deceptive advertising, and implicit versus explicit effects of advertising response.     

We are more tolerant than I: self-construal and consumer responses toward deceptive advertising

Marketing Letters - Deceptive advertising, or advertising that intends to mislead consumers by false claims or incomplete disclosure, is ubiquitous in the marketplace. Though prior research has...     

论公众人物代言虚假广告侵权连带责任制度的构建

在我国,对于公众人物在商业广告中传达虚假信息,欺诈、误导消费者,造成消费者的损害,一直没有效的法律对此进行制裁,导致虚假广告泛滥。要维护市场经济下广告市场的正常秩序,就必须构建合理的公众人物虚假广告代言侵权连带责任制度。     

Exploring antecedents of attitudes and skepticism towards pharmaceutical advertising and inter-attitudinal and inter-skepticism consistency on three levels: an international study

Abstract

Given the increasing relevance of over-the-counter (OTC) drugs to individuals’ health and well-being, this study explores whether selected health variables, as well as consumers’ attitudes and skepticism towards advertising in general, influence their attitudes and skepticism towards pharmaceutical advertising. It extends previous research by building on the theory of inter-attitudinal consistency, examining how three different levels of attitudes and skepticism are interrelated. A field study was conducted on three continents (727 subjects; non-student sample). Results reveal that consumer attitudes and skepticism towards advertising in general, influence attitudes and skepticism towards pharmaceutical advertising in particular, which positively impact the attitudes and skepticism towards four different ad appeal types. The study extends the theory of inter-attitudinal consistency to inter-skepticism consistency. Results further indicate that attitudes and skepticism towards advertising in general can be considered as key antecedents, but that several additional health-related factors also influence consumers’ attitudes and skepticism towards pharmaceutical advertising. Moreover, attitudes and skepticism towards advertising in general, towards pharmaceutical advertising, as well as towards specific pharmaceutical ads, are negatively related. Reasons explaining these results are addressed, as are study limitations and implications for future research.     

Decision Points in FTC Deceptive Advertising Matters

Many advertising practitioners and academicians do not know or understand the bask decision steps involved in an FTC deceptive advertising matter. The steps are 1) is the ad in tact deceptive, 2) is an injunction appropriate, 3) are corrective efforts appropriate, 4) should a cease and desist order be issued and 5) what industry-wide action should be taken. A knowledge and appreciation of the considerations at each step in the process helps the practitioner prepare a defense strategy rebutting a complaint and provides the advertising professor with an orderly framework for teaching about government regulation of false and deceptive advertising.     

An investigation of the influence of cinema environment on advertising effectiveness

Many advertisers are looking to cinema advertising as a nontraditional medium to reach consumers. Although several scholars have examined the effectiveness of this advertising vehicle, there is a dearth of empirically grounded research on how to improve such effectiveness. This study, based on the reactance and the equity theories, is probably the first academic project investigating how to manipulate an advertising environment in a real movie theatre to maximize advertising effectiveness. Results indicated that audiences in a distractive environment held a more positive attitude toward cinema advertising in general, but those in a restrictive environment were more likely to remember the advertised brands. In addition, the provision of ticket price information improved audiences’ acceptance of cinema advertising, but did not enhance recall. Moreover, the influence of ambient scent emitted into the atmosphere in a cinema room on ad recall dissipated when movie viewers became accustomed to such stimuli. Based on these findings, theoretical discussions and recommendations for practising managers were made.     

Towards a New Paradigm in the Ethics of Women's Advertising

This paper identifies the ethical issues involved with women's advertising, and argues that ads can be successful in generating sales without portraying women as things or as mere sex objects, and without perpetuating various weakness stereotypes. A paradigm shift in advertising appears to be at hand. This new model replaces images of women as submissive or constantly in a need of alteration, with a move to reinstate beauty as a natural thing, not an unattainable ideal. This paper also reviews general ethical issues of the advertising industry, including: (1) that advertising equates the pursuit of material gain with human happiness; (2) that advertising pushes its own values, artificial or false as they may be, as to what is "good" for the consumer; (3) that advertising plays on physical appetites and the body; (4) that advertising strives to bypass rational thinking, by desensitizing the viewer and playing on group dynamics.     

Corporate crisis advertising: A framework examining the use and effects of corporate advertising before and after crises

While corporate advertising has been widely studied as a promotional tool, few studies have examined how it can be used in a corporate crisis situation. In 2013, Kim proposed a conceptual framework for examining stakeholders’ evaluation of pre-crisis corporate advertising, using the inoculation and reactance theory. The framework, published in Journal of Marketing Communications, suggested that pre-crisis advertising can increase audience resistance towards negative news of an organization and decrease audience resistance towards future corporate advertisements from the organization. The present study expands on Kim’s work to develop the corporate crisis advertising (CCA) framework. In addition to the inoculation and reactance effects discussed in Kim’s model, CCA aims to discuss the effects of corporate advertising on improving organization’s prior reputation based on halo effect, and how post-crisis advertising messages can be evaluated based on crisis theories. Our proposed framework provides a comprehensive view of the use of corporate advertising both before and after a crisis and is useful for organizations to understand the impact of corporate advertising on stakeholders’ evaluation of the organization in a crisis situation. Potential applications of CCA are discussed and directions for future research suggested.     

Does corporate advertising work in a crisis? An examination of inoculation theory

The primary purpose of this paper is to propose a conceptual framework of consumer evaluation of corporate advertising in a corporate crisis. It also suggests future research propositions by investigating how the so-called inoculation effect from pre-crisis corporate advertising influences consumer response to corporate advertising during a crisis. First, the paper describes how the inoculation effect confers resistance to negative news in a corporate crisis. Next, the paper determines whether the inoculation effect further reduces consumer resistance to corporate advertising during a crisis. Other factors that figure into the broader context of corporate crises are then discussed. These include four other types of external impacts on a crisis situation – the crisis, the corporation, the media, and individual differences. The article concludes with implications for research and practice.     

Managing advertising investments in marketing channels

This paper investigates how should manufacturers optimally allocate resources to retailer-initiated (retailer) advertising through cooperative advertising programs and own (manufacturer) advertising in a bilateral monopoly. Retailer advertising stimulates immediate sales but may also harm long-term (post-advertising) demand, whereas manufacturer advertising aims at building brand equity and stimulates both immediate and long-term sales. A game-theoretic model in which a manufacturer and a retailer set pricing and advertising decisions over a two-period planning horizon is developed to account for the differences between manufacturer and retailer advertising. We characterize equilibrium solutions for four advertising scenarios for the manufacturer, ranging from no investment in any advertising activity to undertaking own advertising and supporting retailer advertising simultaneously. Comparing the two players’ equilibrium strategies and profits across these scenarios, we find that manufacturers should avoid offering exclusively cooperative advertising programs to retailers. When retailer advertising positively influences long-term sales, manufacturers should offer cooperative advertising supports to retailers in addition to undertaking their own advertising. When retailer advertising negatively affects long-term sales, manufacturers can still undertake own advertising and offer cooperative advertising under certain conditions. However, if these conditions are not met, focusing exclusively on own advertising is their best advertising strategy. Retailers also prefer scenarios in which manufacturers advertise, but may choose not to participate in manufacturers’ cooperative advertising programs. This leads to suboptimal outcomes if cooperative advertising programs are not enhanced by additional incentives (e.g., side payments or other services).